Appeal concerning premises was disposed of on the appellant's undertaking to vacate the premises within three months and pay the balance of ₹7,50,000 to the respondent within four months, subject to filing an undertaking with the Registry.
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$~46
Through: Mr. Keshari Kumar Tiwari, Mr. Suryansh Tripathi, Mr. Amish Tiwari and Mr. Shivam Kumar Singh, Advs. with the appellant in person.
versus
SUMER CHAND JAIN (NOW DECEASED) THROUGH MS. ARCHANA JAIN & ANR. ....Respondents Through: Mr. Pranjal, Mr. Vikas Chhabra, Ms. Gauri Batra and Mr. Sumit Aggarwal, Advs.
CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER (ORAL) % 24.01.2025
C. HARI SHANKAR, J.
1. Mr. Keshari Kumar Tiwari, learned Counsel for the appellant, is present with Mr. Neeraj Sahani, who is his client, in person.
2. We have heard both of them. They submit that the appellant undertakes to vacate the premises forming subject matter of challenge in this appeal, positively within three months from today, and also to pay the balance due and payable to the respondent which admittedly works out to ₹7,50,000/-, within a period of four months from today.
RFA(COMM) 30/2025
Page 1 of 2
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2025 at 12:44:20
3. The appellant is also directed to file an undertaking to the said effect with the Registry of this Court on or before 29 January 2025. Subject to the undertaking being filed, the impugned order would stand set aside and the appeal disposed of with liberty to the appellant to vacate the premises within three months and pay the aforesaid amount to the respondent within four months from today.
4. Failure to file the requisite undertaking, or failure to vacate the premises, and pay the aforesaid amount within the aforesaid period, shall result ipso facto in dismissal of this appeal and revival of the order under challenge.
5. The appeal stands disposed of in the aforesaid terms.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
JANUARY 24, 2025 /sk
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RFA(COMM) 30/2025
Page 2 of 2
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2025 at 12:44:20
1 issue framed by the court
Whether the appeal could be disposed of on the appellant's undertaking to vacate the premises within three months and pay ₹7,50,000 within four months.
Neeraj Sahani
Sumer Chand Jain (now deceased) through Ms. Archana Jain
Anr.
C. Hari Shankar
Ajay Digpaul
As recorded by the court registry
A first appeal against a decree of a Commercial Court under the Commercial Courts Act 2015.
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